tv [untitled] November 24, 2010 6:30am-7:00am PST
something that now that we are aware of it will include in the code cleanup legislation. vice president goh: you don't know if this appears in the close to clean up -- you are not aware of this appears in the code cleanup? >> the current code, this reference is a section that does not exist, but the code cleanup legislation would correct it. i am not sure if it is in the current legislation or any subsequent legislation. vice president goh: ok. >> this is a hearing where the board can consider all of these items, but if this is code complying, we have approved other mcd's under these provisions and this is raised as an issue. that it has been brought to our attention, we will address it. vice president goh: okay, thank
you. vice president goh: -- commissioner hwang: mr. sanchez, in your reply, this submission, dated november 4, it references planning code section 790.116. you excerpt it here. anyway, right before the conclusion, you reference this multiple times, about the definition of personal service. do you have whole colt -- the whole code section? >> yeah, sure. this will take a second.
to have the overhead, please? the definition, personal service, retail use efinition, l service, retail use which provides services to the individual, including salons, cosmetic services, tattoo parlors, and health spas, or art, dance, exercise, martial arts, and music classes. that is where we felt both of those centers were both best classified under that section. tha commissioner hwang: okay, thk
you. president peterson: as commissioner garcia mentioned, he had to leave the meeting. when it comes time to vote on this item, it commissioner garcia's vote would make a difference in the outcome of the item, the item will be continued to allow his participation in the vote. we are ready to move into public comment. if i could see a show of hands of people interested in speaking on this item? ok, great. we will ask people to line up on the far wall. and president peterson? president peterson: in light of
the number of speakers and the need for a translator, we will have one minute for public comment. >> if you need translation services, if someone is not standing next to you to help you have that, let us know and we will make sure somebody does that. also, i need to make sure everybody understands that public, it is available for people who are not affiliated with any of the parties. so if you are on the board of directors, for example, of peter the appellant organizations or an owner of -- of the appellant organizations or the owner of one of those appellant organizations or the owner or agent of a permit holder, you are not allowed to speak under public comment.
your time to speak would be of the party wants to share their time with you. at first speaker? also, it will help us preparing the minutes if you could provide us with a speaker card. if you don't have one filled out already, we ask you to wait until after you are done speaking to fill it out and give it to the clark. -- the clerk. president peterson: i know we had a tradition of allowing supervisors to testify. >> i don't know if there has been a request or not. supervisor chu, if you would like to speak? if you don't mind, sir, we will let the supervisor speak first. thank you very much. >> thank you very much for hearing this appeal. i think the appellants brought a
lot of points to the fore, but wanted to fundamentally talk about a few things. i think the questions are very relevant with regard to the planning department report. it was fundamentally flawed, as we were referred to. they cited a code that did not exist. they made the comment that it was simply a typo, but the type of existed on page 3, 5, 8, 10, of a 10-page report. the department recognized a section that did not exist and used it as a basis to determine that it was something that was not important. at one of the things i also wanted to bring out was half of the public process was. the translation was not adequate, did not provide meaningful opportunity for the community to express their opinions. if anything, and to leave you with how important is to recognize this. we have received over 4000 emails, telephone calls,
petitions that were signed. individuals were not able to understand the comments made by commissioners or respond to comments that were disparaging, including that they were ignorant and not aware of what the project was. i simply ask that you consider the merits before you, the merits being the planning code section that truly was not referenced to. one of the commissioners talked- about new administrative bulletins to clarify. if you follow the spirit of the law, not only are we talking about the businesses within the district, within 1,000 feet, lincoln high school, edgewood, which is a residential use the facility located just outside of that 1000-foot area. commissioner hwang: not to interrupt, but what code section are you contending applies? >> if you look at the planning department's report, it is a
commission report that was provided for which they actually made the basis. at the consistently referred to on all of those pages that the planning code section 798.50f would explain why the committee and recreational facilities that were cited did not meet the definition of a recreational center. but if you look at that code, it does not exist in the document. there is not administered a bulletin to clarify how that would be applied. not only that, if you just think about what some of these businesses provide, day camps, summer camps, winter camps, recreational and community use. president peterson: thank you. >> think it. -- thank you. we have a list of the petition. president peterson: next speaker? >> good evening.
i have been living in san francisco 25 years. i graduated from ucsf and pharmaceuticals. i have a back problem, too. i had back surgery last year. i'm very passionate about pain management. i have a lot of patients traveling from chico, and manchester to my pharmacy to get medicine. i live in the sunset district. taraval street is not inappropriate place for this business, for this establishment. if you drive on taraval street in the afternoon, you understand there are too many youth, walking down the street, hanging
out. even driving in that neighborhood in the afternoon. i just think culturally and socially this business is not compatible with the neighborhood. thank you very much. president peterson: thank you. next speaker, please? >> i am the ceo of traditional family corporation, and i am speaking for many patients in the district. i have been living in the area from 1988, and the 7-11 it is diagonally across from the mcd site. those places are parking lots where a lot of teenagers gathered. they hang around and fix their cars, and therend and fix their cars, and there are mothers bringing their kids to the laundromat. there is a parking lot.
we all understand that parking lots are the places where drug dealings. the mcd, whoever purchases the marijuana and gives the resale of the parking lot, that is going to be the best place for them. so i urge you not to approve this because you will be affecting future generations. president peterson: thank you. next speaker, please? >> hello, my name is mitchell. i played ball all the time at sunset. there are fights everywhere. i live in sunset. it is the park by vincente, there are all kinds of parks. ithey're fighting for it, gangs,
everybody. i cannot go there anymore because there are fights. there are a whole bunch of drug dealers and everything. i just mind my own thing. i just mind my own business, but there are a lot of things going on. thank you, commissioners. president peterson: thank you. ext. speaker, please? >> my name is daniel smith. i'm here to read a letter on behalf of the edgewood center, located just 50 feet outside of the perimeter. we are for educational purposes. on behalf of the center for children and families located on vincente street, i urge you to consider revoking the permit for medicinal cannabis dispensary at 2139 taraval street at 38
avenue. many schools are situated very close to the proposed site. it serves as a thoroughfare for students on their way to and from students and is also a popular destination for students for lunch. surely a site not in such close proximity could be found as a dispensary. please reconsider issuing the permit for the mcd at the taraval street location. thank you. it president peterson: thank you. next speaker, please? >> hello, i have been living in sunset my whole life. i have graduated from the public schools and am currently a junior at sf state. i have worked at the beacon center and with park and wreck, both egms to -- both gems to our district. i live with my mother and two brothers. i love this neighborhood with a great passion. i have come here to ask that you
did not discriminate against sunset residents who want to stay in their own districts without having to drive. i find it " cannot allow medicine within a decent destination. not allowing this disparity open because of fear of crime increase is not only false by proven data but gives crack power -- but gives power to the criminals by allowing them to dictate how we function. president peterson: 90. next speaker, please? -- thank you. >> good evening. my name is susan. i conducted out reache. residents shared literally hundreds of personal stories with me. >> are you a paid representative? >> i am no longer affiliated with that center and i hope that you allow me to continue. as a cancer survivor myself, the
stories people shared with me are particularly moving. this letter came to me a bit late. i was not able to get it to you in a timely manner. i like to enter it into the record. dearborn, i am a 61-year-old woman. i am not a recreational pot smoker. i have worked in a professional office environment for 40 years. this is the second time i have had to defend my rights to better health. several years ago i had a sleeping disorder, insomnia, for needed desk, and our steel arthritis -- and osteoarthritis. i also suffered from chronic stress from working in a fast- paced environment. i received my medical marijuana card in 2009, was seeking medical marijuana. i sleep all night long, my lower back pain is completely gone. i used to think marijuana was addictive and a gateway drug. i now think that used properly
as a medicine, it has worked wonders for me. please consider the permit issuance. there are others in my neighborhood cannot get around to other places and you will of thousands of people like me in sunset park side." president peterson: thank you. the next speaker, please? >> good evening. i have lived in san francisco for 60 years. for three years, i have been bringing my birds to the bay area bird hospital directly next door to the proposed center. the staff and doctors of this hospital have told me they are in favor of this center placed next door to them. i recently lost both of my brothers to cancer, and they suffered terribly. i believe they would have greatly benefited from a medical
cannabis center like this in a safe neighborhood like ours. thank you. president peterson: thank you. next speaker, please? >> thank you for the opportunity to speak. i am here to speak in favor of the permit. i only want to say two things. the first is there is a very simple argument against every single argument against the permit. you don't like the permit, here is my rebuttal. that is substitute the word walgreens for medical cannabis dispensary. there are terrible on safe drugs as well. the same at walgreens. people can shop elsewhere. sam at walgreens. that is not an argument. you could use that argument to force every business out of the sunset.
the kids are walking by, we don't want them to get their hands on drugs. it said matt walgreens. you do that in a way that the kids to their hands on the drugs. id matt walgreens. you do that in a way that the kids to their hands on the drugs. -- same at walgreens. my second point is about kids. i am sure that most of the people who oppose the dispensary are worried about kids and it is an emotional issue. i am sympathetic to their emotions. i really think they're looking the wrong place. kids get their drugs and their parents' bathrooms, the medicine cabinet. they get their drugs in school from friends. they get their drugs in the park. they will go through all of the hassle of getting a permit to go to dispensary. it is the real danger is elsewhere. i would urge people worried about kids to find something to do to get the drugs out of the high school. president peterson: thank you. next speaker, please? go ahead.
>> my name is nancy. i urge you to revoke this permit. i have lived in the park side district 30 years and my community matters to make. i worked for years with my neighbors to rebuild the park side elementary school. i worked with park side library and to locate the city's first ada- accessible playground at 28th avenue. i do not have any children. why have i spent so much of my life advocating for many of these children, for other people's families? it is because i care about society and how about growing the next generation. i ask that you respect what we in the park side are doing to keep families in san francisco. we need your support today to allow park side district to offer people a safe place to call home. i like to also enter into evidence from the bay area
guardian today a full-page ad advertising free delivery. this is critical to meet the needs of those individuals who need medical cannabis. i support medical cannabis. i do not think my neighborhood has to have an endangering institution when you can get it free. here is the ad. thank you. i don't even know these people, but i think that is right. >> if we could have the overhead, please? president peterson: thank you. next speaker? >> good evening. and i'm here to speak on behalf of chinese gospel church. the people involved with the mcd in this case have asked that you apply a discretion standard. the definition of abuse of
discretion in legal terms is if it exceeds the bounds of reason and results in a miscarriage of justice. when a police officer says that an mcd will attract filing criminals to a neighborhood, to a business that has large amount of drugs and cash on hand, and when one of the council members readily admits there is no place within the city of san francisco that control on a map and not put in mcd within 1,000 feet of a place that serves children in some way, then a completely defies the bounds of reason. their reasoning is an mcd has to go somewhere. safety to children be darned. it exceeds the bounds of reason. apply that standard to the mcd in this case. president peterson: thank you. next speaker, please? >> hello. i have lived in the sunset 16 years. thank you for allowing me to
speak. i feel the residents of my neighborhood are not being heard. we're very frustrated. it is a waste of time if the city is going to do as it pleases regardless of what we think. i think marijuana as a comfort ing role for individuals with serious illness, but think the city is allowing it to be too easily maintained. doctors' notes are easy to obtain and that allows those who may not need it medically to seek out for medical projects for recreational use. here are some advertisements and how easy it is to get a doctor's note. home delivery is available. if we are to ensure safe and affordable distribution of section c of the law states, why can't they get through their hmo or walgreens? i think the owners are deceiving
the public and make this claim because of the medical aspect of the law, not requiring them to disclose how many clients they serve or how much sales are down at these places. thank you. president peterson: thank you. it next speaker, please? >> bin evening. i am from the school district. i am here on behalf of superintendent carlos garcia, and i like to read a letter that he submitted to the board. hear hon. commissioners, i am asking the board of appeals to reconsider and overturn the planning commission's may 2010 decision, appeal number 10-105, to approve a permit for a medical cannabis dispensary located at 2139 taraval street. our own internal review indicates the potential location for this dispensary sits in a densely populated hortons corridor. this is a popular draw for the students of like a high-school,
many who are over the age of 18 and could have potential access to this facility. it furthermore, given this access, it could serve as a resource for providing cannabis to the broader student population, considering the type of products made available, for example at edible products. medical cannabis dispensary is are restricted from proximity to schools because of legitimate community needs to provide for children's safety and limit access to drugs for a vulnerable population. while the facility may be technically within the describe zoning limits and meet the letter of the law, the traffic patterns and access to a teenage population are unique to this location. placing it at this location is in clear violation of the spirit and intent of those restrictions. thank you for your consideration. president peterson: thank you. vice president goh: i have a question. how far away as lincoln high school? it has been mentioned several times. >> it is located on 25th.
commissioner hwang: thank you. president peterson: next speaker, please? >> good evening. i am representing the center three blocks away from the proposed mcd. pawlenty to root approve the appeal to -- i want you to approve the appeal to overturn this permit. we offer classes after school and on the weekends. we also helps to prepare for college, provide intensive counseling to distance on how to successfully applied to the college of their choice. our business caters exclusively to done people and we chose this location because the proximity to so many schools. up all of them are extremely
close to the taraval corridor and supply many of our students. we are concerned the planning commission failed to consider the request that the permit be issued. president peterson: okay, thank you. next speaker, please? >> and the president of the taraval parks association. my family has been here since 1947. i have seen a lot of changes. i have seen a lot of asians moving into our community. they reach out to us. we're trying to reach out to them to bring us closer to gather. what happened the other night when this permit got approved, it tore us apart. as a merchant and president of our association, i'm trying to keep us together. they came out and reached out to us. it to a certain extent, i really
felt we let them down. if you go out on chinese new year's, it is a ghost town. athe still mean a lot to the ciy and a lot to me. pinky. -- thank you. president peterson: thank you. next speaker? >> i work at the beacon center, and i want to tell you a little about my job function. that is to implement the taraval community action plan. we get a lot of committee input from that committee and merchants. basically the strategy is to define taraval as a family destination to support businesses and create foot traffic on taraval street by promoting the neighborhood is a family friendly destination. there is a rare opportunity for
taraval street to be known as a premier destination for families. i believe allowed the mcd and his corridor is in direct opposition to this because of the associated negative impacts of the mcd, possibly including a nine families guarded storefront, not from the twiggs family, and the possibility -- including and on friendly guarded storefront cannot exclude the possibility of resale. president peterson: thank you. >> i am representing mercy high school. i am the current president of the parent killed association. i represent the faculty, staff, parents, and students from mercy high school. many of our students use the taraval line to go home, food establishments, and school. we feel it would be a great misuse of the community to have an mcd there.
what guarantees to the residents of this area have that the facility will not bring other individual seeking this drug in an illegal way and what would prevent them from selling their drugs in our neighborhood? the park side district and the sunset district are very tight communities. everybody knows somebody and everybody knows each other. we are a tight-knit community and we want to stay that way. thank you. >> excuse me. could you tell me the same question, how close it it is mercy? >> less than a mile. >> thank you. president peterson: next speaker, please? >> my name is marina. i live on 28th and taraval. i have four children. i know that st. ignatius is not